Reps. Call For More Heads In Wake Of IRS Targeting Scandal

Expert Analysis

• Rise Of The Machines — Predictive Coding Goes Mainstream

  

  The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.

• PE Investors Should Consider Behavioral Health

  

  As demand for behavioral health services increases, and those individuals with need have insurance that will pay for it, the growth potential for behavioral health services is significant. Private equity investors are well-poised for jumping into this market to bring new business models and innovation to the industry, say attorneys with McGuireWoods LLP.

• SEC’s Unbundling Rules Get Breath Of Life

  

  The U.S. Securities and Exchange Commision’s “unbundling” requirements have largely been the stuff of SEC lore — periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s Greenlight Capital and Apple, the unbundling rules may finally be coming out of the shadows, say attorneys with King & Spalding LLP.

• Unprecedented FCPA Wake-Up Call For US Broker-Dealers

  

  The extraordinary criminal bribery charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official highlight that a broker-dealer’s anti-money laundering procedures, as well as oversight of their registered people, should have a Foreign Corrupt Practices Act component if the firm is doing international business, say attorneys with Duane Morris LLP.

• New USPTO Fee Rules, New Patent Prosecution Strategies

  

  The U.S. Patent and Trademark Office's recently revised patent prosecution fee structure encourages quick and compact prosecution by raising fees for prosecution that requires significant examiner time, says Carl Schwartz of Quarles & Brady LLP.

• US V. MedQuest Is Important For Health Care FCA Cases

  

  The Sixth Circuit recently reversed an $11.1 million False Claims Act judgment in U.S. v. MedQuest Associates. The court's refusal to impose the FCA’s “extraordinary penalties” on violations of technical and local Medicare program requirements represents significant precedent for health care providers facing an FCA suit, say attorneys with Ropes & Gray LLP.

• The Growing Problem Of Fishy Labeling

  

  As evidenced by a recent study conducted by Oceana, mislabeled seafood appears to be a widespread problem that can adversely affect both the public interest and individual consumers’ wallets, health and socially responsible purchasing precepts, say attorneys with Arnold & Porter LLP.

• The Oil And Gas Operator's Texas Advantage

  

  The interpretation by the Supreme Court of Texas in Reeder v. Wood County Energy LLC grants vast protection to oil and gas operators, but by doing so, it is perceived by some as muddling the differences between tort and contract law, says Michael Bolton and Kate Kalanick of Faegre Baker Daniels LLP.

• The Evolution Of Ohio's Statute On Employer Tort Claims

  

  With the recent change in Ohio law on employer intentional tort claims comes changes to the good faith obligations an insurance carrier owes to its insureds: In cases involving employer intentional tort claims, insurers may no longer select counsel. Rather, insureds have the right to select counsel with whom they have a preferred relationship and whom they trust, says Thomas Wyatt Palmer of Thompson Hine LLP.

• What’s In Store For E-Discovery In Bankruptcy?

  

  As savvy bankruptcy litigators begin to consider the strategic possibilities of spoliation allegations in connection with electronically stored information preservation obligations, the prudent DIP attorney will also consider potential defenses against such tactics. The ABA working group has proposed one such possible solution in the ESI Protocol, says Joanne Lee of Foley & Lardner LLP.